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(영문) 수원지방법원안산지원 2016.05.17 2014가단118895
손해배상(자)
Text

1. The Defendant: (a) KRW 36,228,760 to Plaintiff A; (b) KRW 2 million to Plaintiff B; and (c) from January 22, 2014 to May 17, 2015 to each of them.

Reasons

1. Occurrence of liability for damages;

A. On January 21, 2014, when Defendant C was on a 1 ton truck driven by Defendant C’s employee, the road was frighted on the roads near the Shinsi Dok Dok-si Ra, the Plaintiff A, despite the fact that the road was frighted on the road near the Jinsu-si Dok-si Dok-si Dok-si, but C continuously proceeds without a speed at a speed to the speed limit, coming down the fright road, and coming down across the central line while getting out of the speed limit, and a collision with the 11 ton wing truck, which was driven across the central line, caused by a collision between the wing-do truck and the wing-do wing-do flad on the left-hand upper part and the left-hand flad on the flad.

(c) there is no dispute; (b)

The defendant is a person who operates an automobile for himself under the Guarantee of Automobile Accident Compensation Act (Article 3) and is liable for the damages suffered by the plaintiff A.

2. The date of birth and the date of accident of a victim within the scope of compensation for damage: E in cases of the date of birth and the date of accident: January 21, 2014; the age remaining between 18 and 2 months at the time of the accident; 60 years.

(a) Daily income - From November 21, 2014 to November 20, 2055 - 1,851,652 won x 10% x 240 (240 for preventing excessive compensation) = 4,439,60 won

B. (1) Cost of medical expenses, etc. - Details of expenditure of auxiliary aids - 62 times each year from May 10, 2016: 60,00 won: 60,000 won x 5.5210 (Intermediate interest deduction) x 3,331,260 won x 331,340 won (2) medical expenses : Adult 2 adult nursing expenses but 8,248,268 won, but there is insufficient evidence to acknowledge the identity of two adults, and therefore, the claim for nursing expenses is not recognized.

(c) Restrictions on liability (i) The Defendant’s ratio of liability: 90% (applicable to negligence by which the injured party does not fasten safety belts): 43,291,980 won in aggregate of the property damage of the Plaintiff A = 48,102,200 won in addition to the lost income of KRW 44,439,60 in addition to auxiliary equipment 3,331,260 + treatment expenses of KRW 331,340 in addition to treatment expenses of KRW 331,340 in addition to treatment expenses of KRW 3

(d) Mutual-aid 43,291,980 won - 16,463,220 won = 26,828,760 won;

E. The plaintiff A: 9,400,000 won; B (A) was based on at least 2,000,000 won.

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